Appeal No. 96-3454 Page 6
Application No. 08/260,295
Accordingly, we disagree with the examiner's assertion of
obviousness of the claimed method, based on the teachings of
the Berrebi and Seiver patents as the sole evidence relied
upon.
Because we reverse on the basis of failure to establish a
prima facie case of obviousness, we need not reach the issue
of the sufficiency of appellants' showing of alleged
unexpected results in their application (specification, page
13, Table 1) as supplemented by the Germain Martino
declaration of record. See In re Geiger, 815 F.2d 686, 688, 2
USPQ2d 1276, 1278 (Fed. Cir. 1987).
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1-16 under 35 U.S.C. § 103 is reversed.
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